It’s not black and white. The Fair Work Act requires evidence that satisfies a reasonable person the employee was genuinely unfit for work, but doesn’t ban online certificates outright. Recent Fair Work Commission decisions suggest certificates issued without any medical consultation may not meet that evidence test, giving employers grounds to question them.

What does the Fair Work Act actually require as evidence for sick leave?

The Fair Work Act requires evidence that would satisfy a reasonable person that the employee was genuinely unfit for work. It doesn’t specify that this evidence must be a medical certificate. A statutory declaration can also qualify, and in some cases an employer can reject evidence that doesn’t meet this reasonable person standard.

This matters because a growing number of commercial platforms issue certificates based on a short online questionnaire, with no video call, phone call, or in-person consultation. These typically cost $12 to $30 and arrive by email within minutes.

Is a certificate from an online-only provider legally different from one from a GP?

Legally, both can be certificates from a “registered health practitioner,” which is what most awards and the Fair Work Act reference. But a recent Fair Work Commission decision shows the process behind the certificate can affect how much weight it carries as evidence, not just who signed it.

What happened in the Fair Work Commission case on this?

In Fuller v Madison Branson Lawyers Pty Ltd [2025] FWC 784, a Melbourne solicitor took personal leave for a Friday and the following Monday. He supported the Friday with a statutory declaration and the Monday with a certificate obtained online, without speaking to a practitioner. His employer discovered he had flown to Adelaide for the AFL’s Gather Round and dismissed him for serious misconduct. The Commission dismissed his unfair dismissal claim, finding the online certificate carried no more weight than a self-written statement. The case was decided under the Small Business Fair Dismissal Code, which applies to employers with fewer than 15 employees, making it directly relevant to SMEs.

How should an SME respond to a questionable online certificate?

1. Check your Award or Enterprise Agreement first. Some specify exactly what evidence you can request and when. Don’t apply a blanket policy without checking this.
2. Update your leave policy to define acceptable evidence. State that certificates should ideally follow a real-time consultation, in person, phone, or video.
3. Look at the pattern, not just the document. Certificates that flank a long weekend, land on a Monday or Friday, or follow a denied leave request are worth a closer look.
4. Ask questions before you act. Raise the concern directly with the employee and give them a chance to respond before taking any disciplinary step.
5. Consider a statutory declaration for repeat cases. Making a false statement in one carries direct legal consequences, which makes it a stronger deterrent than a certificate for systemic absenteeism.
6. Get advice before dismissing anyone over this. The Fuller case involved specific facts (a discoverable trip, a pattern, an online-only certificate) that supported dismissal. Not every case will look like this one.

What this means for your business

If you’re an SME owner unsure whether your current leave policy would hold up to a challenge, Norgay HR’s compliance service reviews your obligations and closes the gaps before they become a problem, not after.

FAQ

Can I refuse to pay an employee who provides an online medical certificate?

Not automatically. We wouldn’t recommend rushing to ban these certificates outright just yet. It’s worth seeing more rulings like this one before taking that step. If you think that the certificate doesn’t satisfy the reasonable person standard, but you should raise this with the employee and follow a fair process rather than refusing payment outright. Better still, get good legal advice on the best way forward, particularly if you are faced with repeated online medical certificates for one employee.

Can I ban online medical certificates in my workplace policy?

There’s no clear ruling yet that says employers can reject all online certificates outright. The Fuller case dealt with a specific certificate found unreliable on its facts, not a blanket ban on the category. A safer approach is to define what “acceptable evidence” means in your policy rather than banning a certificate type by name.

What is a statutory declaration and when should I ask for one?

A statutory declaration is a signed legal statement in which the person confirms the contents are true. Making a false statement in one carries legal consequences, which makes it a stronger deterrent than a certificate. Consider requesting one where you’re seeing a pattern of questionable absences.

Does this ruling apply to all businesses or only small businesses?

The case was decided under the Small Business Fair Dismissal Code, which applies to employers with fewer than 15 employees. Larger employers are assessed under the general unfair dismissal provisions, which involve a different test, so the outcome may not transfer directly. Confirm with an employment lawyer how this precedent would apply for your business of over 15 emplolyees.

What should I do right now if I suspect an employee has used a questionable certificate?

Don’t act on suspicion alone. Review your Award, check your leave policy actually defines acceptable evidence, and raise your concern directly with the employee before considering any next step.